Hopedale man with gun charges is not a threat, attorney says

Thursday

Oct 5, 2017 at 6:05 PMOct 5, 2017 at 6:05 PM

By Christopher Gavin Daily News Staff

MILFORD - An attorney for a Hopedale man accused of illegally owning a large collection of firearms, explosives and marijuana urged a judge to release his client Thursday, saying he did not commit a violent crime.

Edward Fitzgerald III, 51, who faces several weapon and drug related charges, did not hurt or show any indication that he planned to hurt other people when he fired shots while on his Highland Street property last weekend, his attorney, Joseph Cataldo told a Milford District Court judge.

Fitzgerald has been a firearms collector for years, Cataldo said while asking he be released from custody during a dangerousness hearing.

“They're not claiming that he lost his temper...it's not a crime of violence," Cataldo said. "It's a crime of discharging a firearm from within his home."

Authorities were called to Fitzgerald’s home Saturday after neighbors reported gunshots in the area, according to police.

Officers confiscated 11 rifles, two shotguns, inert explosive devices, 31 marijuana plants, 18 ounces of marijuana, several thousand rounds of live ammunition and five revolvers, including one with a defaced serial number, authorities said.

Fitzgerald pleaded not guilty Monday to 18 counts of unlawful possession of a firearm and one count each of unlawful possession of ammunition; discharging a firearm within 500 feet of a dwelling; possession of a firearm with a defaced serial number; firearm violation with one prior violent crime; cultivation of excess marijuana; and possession of more than 10 ounces of marijuana, according to court records.

Fitzgerald was held without bail after his arraignment.

Prosecutors - who submitted written statements from nearby residents and Fitzgerald’s expired firearms license as evidence - said Thursday Fitzgerald presents a danger if released.

One of his neighbors said he heard a bullet whirl by the trees in his backyard, Assistant District Attorney Robert Shea said.

Fitzgerald told police he only shot at the ground. Shea alleged he also shot holes in the wall of his house, based off of photos he filed in court.

Police found Fitzgerald asleep with a gun in his hand Saturday, he said.

“He’s a threat to himself and anyone else in that structure,” Shea said.

Most of the firearms taken by police are bolt-action weapons made before the 1900s, Cataldo said. Fitzgerald had a Firearms Identification Card that once allowed him to possess the weapons, but it expired in 2000 and was not renewed.

Prosecutors do not have evidence that indicates Fitzgerald planned to harm anyone with his guns, Cataldo said, requesting bail be set around $2,500.

Fitzgerald had a prior conviction in 1993 for assault with a dangerous weapon, authorities said, but Cataldo questioned that record.

Court files from Framingham District Court indicate Fitzgerald did not waive his rights to a trial, and that a jury waiver had not been completed, Cataldo wrote in a memo.

In order to proceed with a dangerousness hearing to detain a defendant, there must be evidence of a violent criminal record, he said.

“The evidence the Commonwealth relies upon is contradicted, to some extent,” Cataldo said.

Judge Robert Calagione said he would take the files under advisement. The hearing is expected to continue Friday.

Christopher Gavin can be reached at 508 634-7582 or cgavin@wickedlocal.com. Follow him on Twitter @c_gavinMDN